Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

PLP > 2. PP and Environmental Considerations > Flashcards

2. PP and Environmental Considerations Flashcards

(68 cards)

Start Studying
1
Q

Once LA gives BR approval, when must works be commenced

A

Within 3 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is not considered building works under s.55 TCPA

A

Works that only affect the interior (or no material effect to exterior), and do not add additional underground space

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How do you know if PP needed?

A

TCPA, TCP(UC) and GPDO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Which is the only search that shows if BR consent given

A

CON29

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What defines ‘development’ for s.57 TCPA

A

s.55

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What statute (+ specific part) covers permitted development for material changes in use

A

GPDO Part 3 Sch 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What search shows if LB

A

LLC1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How do you know if works have been carried out?

A

CPSEs + scenario

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Enforcement period if condition attached to PP breached

A

10 years from date of breach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Two options if building works w/o BR approval

A

Regularisation Certificate as condition of C, or insurance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Enforcement period if building works w/o BR approval

A

Unlimited

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a planning contravention notice

A

Flushes out info about suspected breaches, which can then –> EN

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is a stop notice

A

Prohibit activities subject to EN + breach PP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

S.57(1) TCPA

A

Need PP for ‘development’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Enforcement period if demolish building in Conservation Area w/o consent

A

Unlimited

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Who can you apply to for guidance on whether PP is likely to be allowed

A

Planning Officer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Why is it likely that any change of use also triggers BR approval

A

Likely to = building work

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Why is it important to check breaches of PP + BR

A

B takes on Ss breaches

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What does BR approval NOT apply to

A

Changes of use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the usual impact on PP for conservation areas

A

Onerous/expensive conditions on PP, e.g. specifying particular type and colour of bricks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Enforcement period if works to LB w/o consent

A

Unlimited

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the rule on GPDO for fences as ‘permitted development’

A

Can repair fences w/o PP, but not if around listed building

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the effect of failing to comply w/ enforcement notice

A

Criminal sanctions + sometimes demolition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What kind of LA notice is TIED to enforcement notice (cannot be independent)

A

Stop notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What is a conservation area
An area of special architectural or historical interest
26
When is an Article 4 Direction especially common
For Conservation Areas
27
What must you do if PP was conditional
Obtain copy and enquire as to if conditions breached
28
What is assumed on LPC to do with listed buildings
Development of LB always requires permission
29
What does LA issue if building works (for BR approval) correctly carried out
Regularisation Completion certificate
30
Who is the 'appropriate person' in environmental law for pollution
Class A (original polluter), or Class B (current owner) if A cannot be found
31
What counts as 'development' for PP
Building works and/or material changes in use
32
Enforcement period if development is concealed
Unlimited
33
What can disapply the effect of GPDO for permitted development
Article 4 Direction
34
What to do if Seller had not obtained planning permission
Condition of C that they get retrospective planning permission
35
If BR approval is shown in CON29, need S get copy?
No
36
What does CON29 show for PP
Refused, pending and BR
37
Enforcement period if change of use to single dwelling house w/o PP
4 years from change
38
What statute covers material change in use for 'development' under s.57 TCPA
TCP (Use Classes) Order 1987
39
How is it made clear that BR approval is separate from PP
BR may be needed when PP is not due to e.g. GPDO
40
What is an enforcement notice
To restore land or secure compliance w/ conditional PP
41
What is not considered a material change in use under TCP(UC)O
Moving within the same category
42
Cottingham ratio
S can be found negligent by not taking all reasonable steps to obtain copies of BR approval
43
When is PP required + per what statute
Whenever there is 'development' (s.57(1) TCPA)
44
Enforcement period if any other change of use (than to single dwelling house) w/o PP
10 years from date.
45
Statute to find out if period has expired for action (if failed to get PP/BR)
171B TCPA
46
171B TCPA
Limitation periods for actions for failure to get PP/BR
47
What does LLC1 show for PP
Granted PP
48
Enforcement period if building work w/o PP
4 years following substantial completion
49
Why is enforcement period for no BR unlimited?
LPA can take Ps within 12 months, but also injunction from court AT ANY TIME
50
What statute (+ specific part) covers permitted development for building works
GPDO Part 2 Schedule 2
51
How do you find out if Article 4 Direction givn
LLC1
52
When LPA decides whether to grant PP or not, what do they NOT consider
Personal interests or private rights
53
Who bears liability for clearing up pollution
The 'appropriate person'
54
Example of additional planning controls for LB
Usually need consent for internal works as well if they affect the character of the building
55
What statute makes some 'development' 'permitted'
GPDO
56
Three notices LPA can issue
Enforcement notice, stop notice, and planning contravention
57
What sanctions are levied for works to LB w/o LB consent
Criminal sanctions against original, and reparation at cost of current owner
58
What kind of liability is building works w/o BR approval
Strict liability
59
S can be found negligent by not taking all reasonable steps to obtain copies of BR approval - CASE
Cottingham
60
What to do if PP is conditional
Get copy of PP to check conditions complied with BEFORE exchange
61
What happens if at least significant possibility of significant harm being caused - what does LA do
Serves remediation notice
62
When can a stop notice not be served by LA
If dwelling or activity continuous for more than 4 years
63
How do you know if consent has been obtained?
LLC1, CON29 and CPSE
64
What statute applies to show liability for clean up of environmental contamination is unlimited
78F EPA
65
Why might Buyer want to pull out if there is the possibility of contamination
Costly to comply with Remediation Notice
66
What could the Buyer do instead of pulling out in the event that there is contamination
Require Seller to remedy or require reduction of purchase price
67
When do you ask for BR Certificate
ALWAYS
68
When is the liability unlimited in a Conservation Area
If building demolished

PLP (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions